Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
36

(3)
For the purposes of subsection (2)(a), “training” includes vocational, social,
physical and recreational training.
64
Existing functions of Secretary of State
Sections 114 to 121 of the Learning and Skills Act 2000 (c. 21) (provision of
support services for 13 to 19 year olds) cease to have effect.
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Assessments relating to learning difficulties
65
Assessments relating to learning difficulties
Before section 140 of the Learning and Skills Act 2000 (assessments relating to
learning difficulties) insert—
"139A
Assessments relating to learning difficulties: England
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(1)
Subsection (2) applies if a local education authority in England—
(a)
maintains a statement of special educational needs for a person,
and
(b)
believes that the person will leave school, at the end of his last
year of compulsory schooling, to receive post-16 education or
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training or higher education.
(2)
The authority must arrange for an assessment of the person to be
conducted at some time during his last year of compulsory schooling.
(3)
Subsection (4) applies if a local education authority in England—
(a)
maintains a statement of special educational needs for a person
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who is over compulsory school age, and
(b)
believes that the person will leave school, during or at the end
of the current school year, to receive post-16 education or
training or higher education.
(4)
The authority must arrange for an assessment of the person to be
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conducted at some time during the current school year.
(5)
A local education authority in England may at any time arrange for an
assessment to be conducted of a person—
(a)
who is within subsection (6), and
(b)
for whom the authority is responsible.
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(6)
A person within this subsection is one who—
(a)
is in his last year of compulsory schooling, or is over
compulsory school age but has not attained the age of 25,
(b)
appears to the authority to have a learning difficulty within the
meaning of section 13, and
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(c)
is receiving, or in the opinion of the authority is likely to receive,
post-16 education or training or higher education.
(7)
In exercising its functions under this section an authority must have
regard to any guidance issued by the Secretary of State.
139B
Assessments under section 139A: interpretation
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(1)
This section applies for the purposes of section 139A.

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
37

(2)
A statement of special educational needs is a statement maintained
under section 324 of the Education Act 1996.
(3)
An assessment of a person is an assessment, resulting in a written
report, of—
(a)
the person’s educational and training needs, and
5
(b)
the provision required to meet them.
(4)
A local education authority is responsible for—
(a)
a person who is receiving education or training in its area;
(b)
a person who is not receiving education or training, but who is
normally resident in its area;
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(c)
a person who is not receiving education or training, and who is
not normally resident in its area or that of another authority, but
who is otherwise within its area and, in its opinion, likely to
receive post-16 education or training or higher education.
(5)
A person’s last year of compulsory schooling is the last school year at
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his school during the whole or part of which he is of compulsory school
age; and in the application of section 139A(6) to a person who is
receiving education at an institution other than a school, that institution
is to be treated for the purpose of determining his last year of
compulsory schooling as though it were a school.
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(6)
“Higher education” is education provided by means of a course of any
description mentioned in Schedule 6 to the Education Reform Act 1988.
(7)
“Post-16 education or training” means post-16 education or post-16
training within the meaning of Part 1.
(8)
“School year” has the meaning given in section 579(1) of the Education
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Act 1996.
139C
Assessments under section 139A: persons educated at home
(1)
Section 139A applies in relation to a person who is receiving education
at home, subject to the following modifications.
(2)
In section 139A(1)(b) and (3)(b), references to a person’s leaving school
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to receive post-16 education or training or higher eduction are to be
construed as references to a person’s ceasing to receive education at
home in order to receive, otherwise than in a school, post-16 education
or training or higher education.
(3)
References to a person’s last year of compulsory schooling are to be
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construed as references to the 12 month period ending when the person
ceases to be of compulsory school age.
(4)
References to the current school year are to be construed as references
to the period of 12 months beginning on the most recent 1st
September.”
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Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
38

Careers education
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Careers education: information and advice
(1)
Part 7 of the Education Act 1997 (c. 44) (careers education and guidance) is
amended as follows.
(2)
In section 43 (provision of careers education in schools)—
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(a)
after subsection (2) insert—
“(2A)
Subsection (2B) applies where, in the course of a programme of
careers education provided, in pursuance of subsection (1), to
registered pupils at a school in England falling within
subsection (2)(a), (c) or (e), information or advice is given
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which—
(a)
relates to any options available in respect of 16-18
education or training, or otherwise relates to the pursuit
of particular careers (at any age), or
(b)
relates to decisions or other steps to be taken in
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connection with any such options or careers.
(2B)
Any such information must be presented in an impartial
manner, and—
(a)
any such advice must be advice which the person giving
it considers will promote the best interests of the pupils
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concerned, and
(b)
accordingly, in giving the advice, that person must not
seek to promote, contrary to the pupils’ best interests,
the interests or aspirations of the school or of other
persons or institutions.”;
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(b)
in subsection (3), after “subsection (1)” insert “(and, where applicable,
subsection (2B))”; and
(c)
in subsection (6), at the end insert—
““16-18 education or training” means education or training
suitable to the requirements of persons who have ceased
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to be of compulsory school age but have not attained the
age of 18;
“training”, in connection with registered pupils at schools
in England, includes a voluntary or other placement apt
to enable the development of any skill or competency
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(whether or not taking place at a time when the person
concerned is still such a pupil).”
(3)
In section 45 (provision of careers information at schools etc.)—
(a)
at the end of subsection (2) insert—

“and, in the case of any such school in England, the reference in
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subsection (1) to persons attending it is a reference to persons
who are registered pupils there.”;
(b)
after subsection (2) insert—
“(2A)
Subsection (2B) applies where registered pupils at a school in
England falling within section 43(2)(a) or (c) are provided, in
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pursuance of subsection (1), with access to materials of the
kinds mentioned in that subsection.

Education and Skills Bill
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
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(2B)
The materials, taken as a whole, must present the pupils with
(so far as relevant to them) a full range of—
(a)
options available in respect of 16-18 education or
training, and
(b)
other options available to them (at any age) in terms of
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career opportunities,

and must not unduly promote any particular options over any
others.”;
(c)
in subsection (3), after “subsection (1)” insert “(and, where applicable,
subsection (2B))”; and
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(d)
in subsection (5), for “and careers education” substitute “, “careers
education”, “16-18 education or training” and”.
(4)
After section 45 insert—
“45A
Guidance as to discharge of duties
(1)
The persons responsible for discharging a relevant duty in relation to a
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school in England falling within section 43(2)(a), (c) or (e) must, in
discharging the duty, have regard to any guidance given from time to
time by the Secretary of State.
(2)
A “relevant duty” means a duty under any of sections 43(3), 44(9) and
45(3).”
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Apprenticeships
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Apprenticeships: functions of Learning and Skills Council for England
(1)
The Learning and Skills Act 2000 (c. 21) is amended as follows.
(2)
In section 2 (education and training for persons aged 16 to 19), in subsection (5),
after paragraph (b) insert—
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“(ba)
training includes training provided in connection with a
contract of employment or a contract of apprenticeship;”.
(3)
In section 3 (education and training for persons over 19), in subsection (5), after
paragraph (b) insert—
“(ba)
training includes training provided in connection with a
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contract of employment or a contract of apprenticeship;”.
(4)
Section 4 (encouragement of education and training) is amended as follows.
(5)
The existing provision is to become subsection (1) of that section.
(6)
After that subsection, insert—
“(2)
For the purposes of subsection (1)(b), participating in the provision of
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post-16 training includes participating by entering into—
(a)
a contract of apprenticeship, or
(b)
a contract of employment under or in connection with which
training is provided.”